CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Jeyaseelan v. Canada (Minister of Citizenship and Immigration)
IMM-2510-01
2002 FCT 356, McKeown J.
28/3/02
6 pp.
Application for judicial review of decision of Immigration and Refugee Board applicants not Convention refugees-- Applicant, 11-year old daughter citizens of Sri Lanka claiming refugee status on basis of race, perceived political opinion, membership in particular social group, i.e. Tamils from northern Sri Lanka--In Vasquez v. Canada (Minister of Citizenship and Immigration) (1998), 160 F.T.R. 142 (F.C.T.D.), Rothstein J. held principle of res judicata applied where applicant made second refugee claim after first claim dismissed--Sufficient to refer to Vasquez without doing analysis of why applicable in circumstances of case--Whether Board correct in not considering country conditions even though applicant found not credible--Board erred in assessment of evidence when stating no credible evidence-- Adult applicant suffering from polio--Link between polio, change to country conditions requiring Board to assess whether this would lead to positive determination--Board had credible evidence that should have been looked at in connection with changed country conditions to determine whether applicant had objective fear--No analysis of linkage between credible evidence of polio, deteriorating country situation in Sri Lanka at time of Board hearing--Reviewable error, matter must be returned to differently constituted Board for redetermination--Application allowed.